Allowed

T.K.Devarajan v. State of Kerala

Kerala HC11 Jan 2019Crl.MC/23/2019

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Kerala High Court discussed allegations of obstruction and mere possession during protests. The court held that mere possession by protestors against police atrocities did not constitute formation of an unlawful assembly and quashed the proceedings against the petitioner.

What did the court decide?

The proceedings in C.C. No. 2902 of 2018 pending in the court of Judicial Magistrate of First Class-VIII, Ernakulam are quashed so far as the petitioner is concerned.

T.K.Devarajan Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940

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Crl.MC.No. 23 of 2019

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AGAINST THE ORDER/JUDGMENT IN CC 2902/2018 of JMFC - VIII, ERNAKULAM (TEMPORARY)

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CRIME NO. 567/2015 OF MARADU POLICE STATION , Ernakulam

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PETITIONER/ACCUSED :-

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T.K.DEVARAJAN AGED 52 YEARS

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S/O.T.K.KARUPPAN, THUNDIPARAMBIL HOUSE, KUNDANNOOR, MARADU P.O., ERNAKULAM DISTRICT-682304.

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BY ADV. SRI.C.S.AJITH PRAKASH

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RESPONDENTS/STATE :-

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1 STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

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2 SUB INSPECTOR OF POLICE, MARADU POLICE STATION, ERNAKULAM DISTRICT.

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BY SRI.ALEX M THOMBRA SR PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 23 of 2019

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ORDER

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Petitioner is the 9th accused in

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C.C.No.2902 of 2018 pending in the court of

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Judicial Magistrate of First Class-VIII, Ernakulam. The petitioner along with some others allegedly committed the offences under sections 143, 147, 188 and 283 r/w section 149 IPC. The proceedings are sought to be quashed on the ground that the facts of the case do not attract

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any offences so far as the petitioner is concerned.

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2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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3. The allegation against the petitioner

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is that he along with others caused obstructions

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on public road by taking out of a possession. I have perused Annexure-A2 final report. The petitioner and others were protesting against the police atrocities. Merely because they took out

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a possession, it cannot be said that they formed

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Crl.MC.No. 23 of 2019

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an unlawful assembly. Having regard to this fact, I am inclined to grant the prayer of the petitioner.

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In the result, this Crl.M.C is allowed. The proceedings in C.C.No.2902 of 2018 pending in the court of Judicial Magistrate of First ClassVIII, Ernakulam are quashed so far as the petitioner is concerned.

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Sd/K.ABRAHAM MATHEW JUDGE

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SMA

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Crl.MC.No. 23 of 2019

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APPENDIX

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PETITIONER'S/S ANNEXURES :-

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ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.567 OF 2015 OF MARADU POLICE STATION. ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.567 OF 2015 OF MARADU POLICE STATION AND THE STATEMENT OF WITNESSES 1 TO 10. ANNEXURE A3 A TRUE COPY OF THE INTERIM ORDER IN CRL.MC.NO.6606/2018 DATED 05.10.2018.

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RESPONDENT(S)' ANNEXURES :- NIL

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//TRUE COPY// PA TO JUDGE

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SMA

T.K.Devarajan v. State of Kerala

Case brief

What is this about?

What did the court decide?

T.K.Devarajan v. State of Kerala

Case brief

What is this about?

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